HomeMy WebLinkAbout1990-06-05; City Council; 10663; Award Contract Assessment District No. 88-01.
CP- OF CARLSBAD - AGEN[”
APPROVE PROCEEDINGS; SET PUBLIC HEARING; AWARD CONTRACT ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD)
RECOMMENDED ACTION:
Adopt Resolution No. $?fl-/y'a making appointments in a special assessment district.
Adopt Resolution No. %-/7/ adopting a map showing the proposed boundaries of a special assessment district.
Adopt Resolution No. q/-/y& declaring intention to order the construction of certain improvements in a proposed assessment district and providing for the issuance of bonds.
Adopt Resolution No. 5%/73 passing on the @'report" of the engineer, giving preliminary approval, and setting a time and place for public hearing.
Adopt Resolution No. 90;/74 awarding the contract for the construction of certain public works of improvement in a special assessment district.
ITEM EXPLANATION:
On December 6, 1988, Council initiated proceedings for a 1913/1915 Act special assessment district for the purpose of constructing portions of Poinsettia Lane and Alga Road improvements. On April
10, 1990, Council authorized advertisement for bids for the construction of the project (Project No. 3305).
The limits of the work to be done are to extend Poinsettia Lane from its existing end to Alga Road, a length of approximately 1900 feet and Alga Road within the Master Plan area of the Aviara development. The boundaries of the proposed district include all of the Aviara project and four (4) parcels outside of that development and adjacent to Poinsettia Lane. The improvements include all those necessary to bring Poinsettia Lane to full major arterial standards and Alga Road to full improvements as shown on the tentative map. Improvements include grading, drainage, pavement sidewalks raised, fully landscaped median and streetlights.
The Engineer's Report contains a detailed cost estimate, a methodology of how these costs were spread to the various parcels and the amount to be assessed to each parcel.
Council previously approved, in concept, the passing through of the assessments to the residential homeowners providing that an acceptable disclosure plan was approved by the City Council. A pass-through authorization agreement between the City and the developer is attached as Exhibit 3. The agreement provides for noticing to the potential buyer and goes further and requires a buyer to exercise an option to pay off the assessment at the time
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Page 2 of Agenda Bill No. &L&3
of purchase or accept the pass-through. Council will be asked to approve the pass-through agreement at the public hearing.
The public hearing is scheduled for July 10, 1990.
Five (5) construction bids were received on May 24, 1990, as follows:
Daley Corporation $2,174,032.00 Palomar Grading and Paving 2,218,749.20 R. E. Hazard Contracting 2,249,235.75 South Coast Asphalt 2,557,993.27 T. B. Penick and Sons 2,574,716.80
The Engineer's Estimate was $3,080,000.
FISCAL IMPACT:
The total project cost is estimated to be $21,536,000 of which $15,168,000 is for Alga Road and $6,368,000 is for Poinsettia Lane. These amounts include all construction,right-of-way, incidental and financing costs.
The total construction cost is estimated to be $11,690,000.
The majority of the construction work has already been accomplished by the developer and will be paid for under a reimbursement agreement with the developer previously approved by the Council.
The entire project will be paid from the proceeds of the sale of bonds to occur after the public hearing upon the confirmation of the district by the City Council.
EXHIBITS:
1.
2.
3.
4.
5.
6.
Location map.
Order of Procedure.
Special Assessment District Pass-Through Authorization Agreement.
Diagram of Assessment District No. 88-l (on file in the Office of the City Clerk).
Engineer's llReportW1 (to City Council Members and on file in the Office of the City Clerk).
Resolution No. ?d-/rd making appointments in a special assessment district.
L
L
J
Page 3 of Agenda Bill No. /<Lb3
7.
8.
9.
10.
Resolution No. !zwsv adopting a map showing the proposed boundaries of a special assessment district.
Resolution No. '#-/ya d 1 ec aring intention to order the construction of certain improvements in a proposed assessment district and providing for the issuance of bonds.
Resolution No. 927~/73 passing on the flreportl@ of the engineer, giving preliminary approval, and setting a time and place for public hearing.
Resolution No. 59-474 awarding the contract for the construction of certain public works of improvement in a special assessment district.
LOCATION MAP
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214-170-06
216-010-16
216-11101 ---SW_
216-11 l-02 (PART)
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PROJECT NAME PRO& NO- ExH/BIT
ALGA ROAD ASSESSMENT DISTRICT AD88-1 1
, A
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
DATE OF MEETING: JUNE 5, 1990
STAFF: General presentation a8 to boundaries of Assessment District and
extent of works of improvement.
CITY COUNCIL: Adopt RESOLUTION MAKING APPOINTMENTS: Formal appointment of
Superintendent of Streets, newspaper, etc.
CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal action
approving boundaries of proposed Assessment District.
CITY COUNCIL: Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under
"1913 Act" proceedings, declaring intent to finance improvements
through the issuance of bonds.
STAFF: Presentation of Engineer's "Report" pursuant to the provisions of
"Municipal Improvement Act of 1913", consisting of the following:
Plans
Specifications
Cost Estimate
Assessment Roll
Aseeesment Diagram
CITY COUNCIL: Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARING:
Preliminary approval of the Engineer's "Report" and sets date,
time and place for public hearing.
CITY COUNCIL: Adopt RESOLUTION AWARDING CONSTRUCTION CONTRACT: Awards construc- tion contract to the lowest responsible bidder.
* * *
PROPOSED SCHEDULE:
JUNE 5, 1990: ADOPT JURISDICTIONAL RESOLUTIONS AND AWARD
CONSTRUCTION CONTRACT
JULY 10, 1990: PUBLIC HEARING TO CONSIDER THE FOLLOWING:
A. CONFIRMATION OF ASSESSMENT DISTRICT
B. ORDERING IMPROVEMENTS
C. SALE OF BONDS
EXHIBIT 2
SPECIAL ASSESSMENT DISTRICT
PASS-THROUGH AUTHORIZATION AGREEMENT
THIS AGREEMENT entered into this day of I 1990 by and between the
City of Carlsbad, a municipal corporation ("City"), and I
("Developer").
WHEREAS, Developer had petitioned the City Council of the City to initiate proceed-
ings for the formation of a special assessment district pursuant to the terms and
provisions of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, said special assessment
district lcnown and designated as ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD) (herein-
after referred to as the "Assessment District"); and,
WHEREAS, the City has received the petition of Developer and has initiated proceed-
ings for the formation of the Assessment District; and,
WHEREAS, the City has adopted policies relating to the utilisation of Assessment
Uistrict financing which require Developer to extinguish the lien on any parcel
created as a result of the confirmation of the Assessment District prior to the
close of escrow on the sale of such parcel to a residential home buyer unless
Developer shall have provided full disclosure of the existence of the assessment
lien, the amount thereof, the annual assessment installments, the duration of the
assessment lien and such other information as may be required by the City and has
provided the residential home buyer with the option to (a) assume the applicable
Assessment District special assessment against their parcel, or (b) require the
special assessment obligation to be discharged prior to the close of such escrow;
and,
WHEREAS, the parties hereto have entered into this Pass-through Authorization Agree-
ment to establish the terms and condition which must be satisfied by Developer
should it desire to allow residential home buyers to assume the assessment obliga-
tion established for any parcel or parcels within the Assessment District.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Developer does own property proposed to be subject to assessment obliga-
tions within the boundaries of the Assessment District. Developer's
property is described and set forth in the attached, referenced and
incorporated Exhibit "A".
SECTION 3. The escrow for the sale to any residential home buyer of any lot or
parcel, including condominium unit, within the Assessment District shall
not close or title to such parcel be otherwise conveyed to such
residential home buyer without first causing the assessment lien created
as a result of the confirmation of the Assessment District, if any, on
such parcel to be extinguished except as provided for herein below.
EXHIBIT 3
. i
An assessment lien on a parcel within the Assessment District proposed
to be sold to a residential home buyer need not be extinguished prior to
the close of the escrow for the sale or other conveyance to such residen-
tial home buyer if the following preconditions are satisfied:
A. Developer shall have given the residential home buyer a copy of the
Notice of Assessment, the form of which is attached hereto as
Exhibit "B" and incorporated herein by this reference, which shall
have been duly executed by the residential home buyer or buyers.
B. Developer and the residential home buyer shall have entered into a
"Property Owner Special Assessment District Option Agreement (Supple-
ment to Escrow Instructions)" (the "Option Agreement"), the form of
wllic11 is attached hereto as Exhibit "C" and incorporated herein by
this reference, and such Option Agreement shall have been deposited
into the escrow for the sale of such parcel. Such Option Agreement
shall have been executed prior to the close of escrow by the Finance
Director, or his designee.
SECTION 4. Developer shall incorporate the amount of assessment discharge
information into the advertised sales price of the home and clearly
disclose the pass-through option in any sales literature.
SECTION 5. This obligation shall be binding on all heirs, assigns or succeseors-in-
interest of the parties hereto, and the City shall cause a copy of this
Agreement to be recorded in the Office of the County Recorder upon its
execution.
SECTION 6. Developer shall indemnify and hold harmless the City of Carlsbad from
any claims arising out of developer's failure to adequately perform
under the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
clay of , 1990.
"CITY"
CITY OF CARLSBAD
ATTEST:
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
"DEVELOPER"
EXHIBIT "B"
NOTICE OF ASSESSMENT
SIGNIFICANT ASSESSMENT ‘wf-i~i=H IS iti A~bt~iCi;j ‘iis.~H;iE: hEW..AR PRCIPERTY TAXES. THIS &$S~SSj,,j~~~ ,&,ILL -AFFECT ,+,,$ A~O~&,f wGi&. @&jj& ,$j,ILL si REQUIRED TO pAv iN THE
NdilCc \iEfiY
@ROPERS
The City of Carlsbad (“City”) has formed a
special assessment district pursuant to the
provisions of the “Municipal Improvement Act of
1913” to finance the acquisition or construction
of certain public works of improvement which
will benefit the properties within the assessment
district. This assessment is known and
designated as ASSESSMENT DISTRICT NO. 88-
1 (ALGA ROAD) (the *Assessment District”).
The public improvements to be financed
through the Assessment District include portions
of Alga Road and Poinsettia Lane, including
related grading and earth work, construction of
water, sewer, drainage and reclaimed water
facilities, curb, gutter, sidewalk, street paving,
the installation of street lights and median
landscaping.
ASSESSMENT
The home or parcel which Buyers are proposing
to purchase (the “Property”) is located within the
boundaries of the Assessment District. The City
has determined that the Property will receive a
direct and special benefit from the public works
of improvement to be financed through the
Assessment District, therefore, the City has
levied an assessment against the Property in
the total amount of $ . The
assessment against the Property is secured by
a lien much like a home loan is secured by a
deed of trust. If you complete the purchase of
the Property and assume the assessment
against the Property, you will be solely
responsible for the payment of the assessment.
The assessment shall be collected in semi-
annual installments which will be included in the
property tax bill for the Property. These
assessment installments will be collected for a
period of years.
FAILURE TO PAY
Should you fail to pay an assessment
installment when due, the City may be required
to initiate judicial foreclosure proceedings
against the Property in order to recover any
delinquent assessment installments and the
penalties which may be imposed for such a
delinquency. In the event that the City is able
to obtain a favorable court ruling in such
foreclosure proceedings, the Property would be
subject to foreclosure sale.
You, as Buyer, are not required to assume the
assessment against the Property. Seller is
required to provide you with the option to either
(a) assume the assessment obligation against
the Property or (b) prepay the assessment prior
to the close of escrow for the sale of the
Property to you.
You will have the ability to exercise this option
through a ‘Property Buyer Special Assessment
Option Agreement (Supplement to Escrow
Instruction)’ (the’option Agreement”), a form of
which is attached to this Notice.
Should you have any questions regarding either
this Notice, or the Option Agreement, you may
feel free to call the Finance Director of the City
of Carlsbad at the following telephone number:
(619) 434-2867.
-
. .
PLEASE INSURE THAT Y&J HAVE -d4ORouGHLV READ AtdiltiDERST~Nij BOTH v-iis
NOTICE AkJD THE OPTION AG.REEMEifJT APt’LlC&lLE i0 T& f’ROPk~~; THE OPTION
U-MT YOU CHOOSE WILL AFFECT iHG .&NMI+T~ WHICH iydu WILL pURCH/& Of= j-HE PROij&pj; ; ., ;... I:. :I 1:. .. ::. BE MAKNG IN THE
.j::. :.: .,.. . . . ,.: ‘,,>.,, ::.:..:. ,../ ..:.: . . . . I::. ,. ..: ,..,.: ..:.. :,.i;. :.. ,: : 3: .: :., .., ., ,.
RECEIPT AND ACKNOWLEDGMENT
By signing this Notice, Buyers acknowledge that:
1. The Property that Buyers are purchasing is located within the boundaries of the
Assessment District and is subject to a significant assessment against the Property.
2. Buyers have had an opportunity to read and review this Notice, and have received a coy
of this Notice prior to opening escrow for the purchase of the Property, or, if received
after the opening of such escrow, with sufficient time for Buyers to make any reasonable
inquiries that Buyers deem necessary regarding the assessment against the Property
prior to the close of escrow.
3. If Buyers assume the assessment against the Property, they will be solely responsible
for the payment of such assessment and Seller shall have no liability for such payment.
Further Buyers agree to the amount and purpose of the assessment on the Property and
that Buyers forever waive any right of complaint or protest to the City pertaining to the
nature, extent, duration and amount of the assessment against the Property.
DATE:
DATE:
1 4 EXHIBIT "C"
PROPERN BUYER ASSESSMENT OPTION AGREEMENT
(SUPPLEMENT TO ESCROW INSTRUCTIONS)
RE: CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
ESCROW COMPANY:
NAME OF BUYER:
ESCROW NUMBER:
ESCROW OFFICER:
The escrow instructions relating to the sale and purchase of the following described property are
supplemented by the following as set forth herein,
1. PROPERTY: Buyers are purchasing a certain piece of property (the “Property”) within the City
of Carlsbad, California, generally described as follows:
2. SPECIAL ASSESSMENT DISTRICT: The City of Carlsbad (“City”) has formed a special
assessment district pursuant to the provisions of the ‘Municipal Improvement Act of 1913, to
finance certain of the major infrastructure improvements to serve benefited properties, including
the Property which is subject to this escrow. This assessment district is known and designated
as ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD).
3. City and Seller have entered into an agreement which provides that Buyers shall have the option
to either (a) assume the special assessment obligation upon the close of this escrow or (b)
discharge the special assessment obligation prior to the close of this escrow.
Total amount of the assessment on the Property is $ , If Buyer agrees to assume
the assessment against the Property, Buyer will be required to pay semi-annual assessment
installments for a period of _ years, These assessment installments will be incorporated into
the property tax bill for the property. Attached to this Agreement as Exhibit ‘A” is a schedule
of the semi-annual assessment installments which Buyer would be required to pay if Buyer
chooses to assume the assessment obligation.
ASS~$SM~N~ iNSTALLMEN? AND .)&v pEt;lALflE$ .bN yCIe bkL#@UENT INSTALLMENT*
CITY WILL BE REQUIRED TO INITIATE SUCH ,FORECL0SURE PROCEEDlN0S NO LATER
THAiV -it+ NOVEMBER ~ST POLLOW~M~ -THE D&E .0P.;T& ,~%$$@UEN~Y. : : ., : . . : .,. .:.....:.: .,.. . ...,: .. .,j :,.. . . .,: :.: .: ,.,. . . . ; .,:,.: : : : ,: :,::,. ,.:,,: :. : . . . . .,,, : :.. : . . . . . ..,
If Buyer does not desire to assume the assessment obligation, it must be extinguished prior to
the close of this escrow. The obligation may be extinguished by the deposit of $
into this escrow or by increasing the mortgage by such amount and directing the escrow officer
to pay such amount to the City to extinguish obligation at or prior to the time of the close of
this escrow. Your bank may allow an increase in your loan, but this is your responsibility to
determine.
4. Buyer hereby exercises the following option:
OPTION 1: Buyer wishes to assume the special assessment obligation applicable to the
Property and pay the assessment installments semi-annually as they appear
on the property tax bill for the Property. To select and exercise Option No.
1, Buyer must sign on the space provided below:
DATE:
DATE:
DATE:
r
OPTION 2: Buyer wishes to have the special assessment obligation for the Property
discharged and paid off in full now. Buyer will deposit additional cash into the
escrow to enable the assessment obligation to be discharged, or will arrange
with the lender for any required increase in the loan. To select and exercise
Option No. 2, Buyer must sign on the space provided below:
DATE:
DATE:
DATE:
-
5. Buyer acknowledges that if Buyer chooses to assume the assessment obligation for the Property
that the City of Carlsbad shall consider that Buyer fully understands the nature and extent of
Buyer’s obligations to make the payment of the assessment installments. Buyer agrees to the
amount and purpose of the assessment on the Property and Buyer forever waives any right of
complaint or protest to the City pertaining to the nature, extent, duration and amount of the
assessment against the Property.
6. Escrow Officer is hereby directed to deliver an executed copy of this Option Agreement to the
Finance Department of the City of Carlsbad for execution prior to the close of this escrow.
DATED:
BUYER
BUYER
DATED:
SELLER
DATED:
ESCROW OFFICER
GIN ACKNOWLEDGMENT
RECEIVED AND ACKNOWLEDGED THIS
DAY OF , 1990
FINANCE DIRECTOR, CITY OF CARLSBAD
BY:
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
ALGA ROAD
PRELIMINARY ENGINEER'S REPORT
May 25, 1990
NBS/Lowry Project No. A68-015.027
Prepared by :
NBS /Lowry Incorporated Engineers & Planners
San Diego, California
TABLE OF CONTENTS
ENGINEER'S REPORT
PART PAGE
I PLANS AND SPECIFICATIONS ............ 1-1
I1 COST ESTIMATE ................... 11-1
I11 ASSESSMENT ROLL ................. 111-1
IV ASSESSMENT DIAGRAM ............... IV-1
V DESCRIPTION OF WORK AND RIGHTS-OF-WAY TO BE ACQUIRED .................. V-1
VI PROPOSED MAXIMUM ANNUAL ASSESSMENT
FOR ADMINISTRATION AND COLLECTION OF
ASSESSMENTS .................... VI-1
i
AGENCY: CITY OF CARLSBAD
PROJECT : ASSESSMENT DISTRICT NO. 88-1 ALGA ROAD
TO : CITY COUNCIL
ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE
Pursuant to the provisions of Part 7.5 of the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California, and the "Munic- ipal Improvement Act of 1913,'' being Division 12 of said Code, and in
accordance with the Resolution of Intention, being Resolution No. adopted by the CITY COUNCIL of the CITY OF CARLSBAD, ST-;
CALIFORNIA, in connection with the proceedings for
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
(hereinafter referred to as the ftAssessment District"), I, GALEN N.
PETERSON , authorized representative of NBS/LOWRY INCORPORATED the duly appointed ENGINEER OF WORK, submit herewith the "Report" for the Assessment District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the proposed improvements are filed herewith
and made a part hereof, Said plans and specifications are on file in the Office of the City Clerk.
PART 11
The cost of the work to be acquired and an estimate of the cost of the
proposed improvements, including incidental costs and expenses in connec-
tion therewith, are as set forth on the lists thereof, attached hereto,
and are on file in the Office of the City Clerk.
PART I11
This Part shall consist of the following information :
A. A proposed assessment of the total amount of the costs and expenses of the work to be acquired and the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated benefits to be received by such subdivis- ions, from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof.
Page 1 of 3
B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to
be assessed.
C. The total true value, as near as may be determined, of the parcels
of land and improvements which are proposed to be assessed.
PART IV
A diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as
the same existed at the time of the passage of the Resolution of Inten-
tion, is filed herewith and made a part hereof, and part of the assess-
ment.
PART V
Description of the work to be acquired and for the proposed improve- ments and descriptions of all rights-of-way, easements and lands to be acquired, if necessary.
PART VI
A proposed maximum annual assessment for administration and collection of assessments.
Dated this 25th day of May, 1990.
NBS/LOWRY INCORPORATED
/ CITY OF CARLSBAD STATE OF CALIFORNIA
Page 2 of 3
PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ON THE 5TH DAY OF JUNE, 1990.
CITY CLERK
CITY OF CA'RLSBAD
STATE OF CALIFORNIA
FINAL APPROVAL BY CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ON THE DAY OF , 1990.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Page 3 of 3
~~~~
ENGINEER'S REPORT
PART I
CITY OF CARLSBAD
(ALGA ROAD) ASSESSMENT DISTRICT NO. 88-1
PLANS AND SPECIFICATIONS
The following plans and specifications for this Assessment District are referenced herein and incorporated as if attached and a part of this Report.
1. Drawing No. 286-9B and titled "Plans for the Improvement of Alga Road and Poinsettia Lane", Carlsbad, California, Engineers Stations
60+38i to 160+80+ and 101+24+ to 120+97+ consisting of 44 sheets by Crosby, Mead, Benton and Associates and signed on August 30,
1989, and the associated contract documents and specifications.
2. Drawing No. 286-90 and titled "Plans for the Improvement of Assessment District No. 88-1, Alga Road and Poinsettia Lane", Carlsbad, California, consisting of 52 sheets by P & D Technologies, Inc. and signed by the City Engineer on April 10, 1990 and the associated contract documents and specifications, Contract Number 3305.
PART I - 1
ENGINEER'S REPORT
PART I1
CITY OF CARLSBAD
(ALGA ROAD)
ASSESWENT DISTRICT NO. 88- 1
COST ESTIMATE SUMMARY
I.
11.
111.
IV.
V.
VI.
VII.
IMPROVEMENTS
ACWISITION PHASE
(SEE EXHIBIT Will)
PUBLIC UORKS OF
CONSTRUCT ION
(SEE EXHI BI T "B" )
FUTURE TRAFFIC SIGNALS
(SEE EXHIBIT WN)
TOTAL IMPROVEMENTS
LAND AND RIGHTS-OF-UAY
(SEE EXHIBIT 'ID")
PAYMENTS
INCIDENTAL EXPENSES
ACWISITION PHASE
(SEE EXHIBIT 'IE")
PUBLIC UORKS OF
CONSTRUCTION
(SEE EXHIBIT "F")
TOTAL INCDENTAL EXPENSES
LESS INTEREST EARNED ON
COWSTRUCTION (3%)
LESS CASH CONTRIBUTIONS
SUBTOTAL
FINANCING COSTS
BOND DISCOUNT (3%)
BOND RESERVE FUND (10%)
CAPITALIZED INTEREST (10%)
TOTAL FINANCING COSTS
TOTAL ASSESSMENT AmxlNT 816,381,908 %,515,601 822,897,509 I so so 80
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ENGINEER'S REPORT
EXHIBIT WW TO PART I1
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
PUBLIC UORKS OF CWSTRUCTIW COST ESTIMATE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
WOBILIUTION, WVE IN, FIELD
OFFICE & TEMP UTILITIES
DEUOBILIUTIW, WVE OUT 8
FINAL CLEAN UP
CLASS I1 BASE
ASPHALT CONCRETE PAVEMENT
ASPHALT CONCRETE BERM
CURB 6 GUTTER TYPE llGw
CURB 6 GUTTER TYPE "B-2"
TYPE '%-111 CURB
CWCRETE SIDEUALK
UHEELCHAIR RAMP
SURVEY MONUMENTS
STREET LIGHTS (E-1)
PAVING, STRIPING & MARKINGS
TRAFFIC SIGNAGE
NOT USED
GUARD RAIL
TRAFFIC COWTROL
ASPHALT SIDEUALK (2-INCH)
UNCLASSIFIED EXCAVATION
UNCLASSIFIED FILL
W SITE BORRW
SUBGRADE PREPARATIW
LOCAL DEPRESSIWS (14)
ADJUST MANHOLES TO GRADE
(STA 101+98 TO STA 130+57)
ADJUST MANHOLES TO GRADE
(STA 130+57 TO STA 159-02)
ADJUST VALVE BOXES, mWlWNTS
& BLW OFFS TO GRADE
(STA 101+98 TO STA 130+57)
ADJUST VALVE BOXES, ClOlllMENTS
& BLW OFFS TO GRADE
(STA 130+57 TO STA 159+02)
(4-INCH) MEANDERING
TRAFFIC SIGNAL a AMBROSIA
NOT USED
TOTAL ALGA ROAD IMPROVEMENTS
POINSETTIA LANE IMPROVEMENTS
30 CLASS 11 BASE
31 ASPHALT COWCRETE PAVEMNT
32 ASPHALT COWCRETE BERM
33 CURB & GUTTER TYPE "C"
LS
LS
TN
TN
LF
LF
LF
LF
SF
EA
EA
EA 1s 1s
LF
LS
LS -
TN
CY
CY
CY
SF
LS
EA
EA
EA
EA
WANT I TY --------
1
1
~,ooo
15,500
1,040
12,730
4,346
8,206
76,270
2
22
1
1
1
1,189
1
1
58
950
1,500
550
607,000
1
26
3
81
31
UNIT PRICE -----------
20,000.00
5,000.00
16.00
34.00
4.50
9.00
9.00
8.00
2.50
450.00
300.00
88,000.00
20, 000 .oo
8,000.00
30.00
5,o00.00
55,000.00
33.00
3.00
2.00
3.00
0.01
4,500.00
250.00
225.00
50.00
40.00
TOTAL COST ------------
t20,000
5,000 608, 000
527,000
4,680
114,570
39,114
65,648
190,675
900
6,6oo
88,000
20,000
8,000
35 , 670
5 , 000
55 , 000
1,914
2,850
3,000
1,650
6,070
4,500
6,500
675
4,050
1,240
----------I-
$1,826,306
TN 6,100 16.00 $97,600
TN 3,500 34.00 119,000
LF 930 4.50 4,185
LF 3,235 9.00 29,115
PART 11-8.1
ENGINEER'S REPORT
EXHIBIT "B" TO PART I1
ITEM
34
35
36
37
3a
39
40
41
42
43
44
45
46
47
48
49
50
------
CITY OF URLSBAD
ASSESSMENT DISTRICT NO. 88-1
, (ALGA ROAD)
PUBLIC WRKS OF WNSTRUCTIOW COST ESTIMATE
DESCRIPTIOW
-_I--_________________________.
TYPE "6-1" CURB
WNCRETE SIDEWALK (4-INCH)
WNCRETE DRIVEWAY
BARRICADE TYPE M-9.1
SURVEY HOUUMENTS
STREET LIGHTS (7)
PAVING STRIPING L MARKINGS
TRAFf IC SIGNAGE
TRAFFIC WNTROL
UNCLASSIFIED EXCAVATIOW
UNCLASSIFIED FILL
OW SITE BORROU
SUBGRADE PREPARATIOW
LOCAL DEPRESSIOWS (4)
ADJUST MANHOLES TO GRADE
ADJUST VALVE BOXES, MONUMENTS,
BLOU OFFS TO GRADE
NOT USED
TOTAL POINSETTIA LANE IMPROVEMENTS
ALGA ROAD MEDIAN LANDSCAPING
51 PERMANENT IRRIGATIOW, INCLUDES
WATER METER P INSTALLATIOW
52 36-INCH BOX LIQUID BAR
STYRICIFLUA "PAL0 ALTO"
53 36-INCH BOX PINUS CANARIENSIS
54 5-GAL AGAPANTHUS AFRICANS
"PETER PAN"
55 5-GAL PITTosPaun TOBIRA
WHEELERS DUARF"
56 5-GAL RHAPIOLEPIS INDICA
"SPR I NGTIME'
57 FLAT SIZE PELAWNIUM
PELTAUTW 12-INCH O.C.
58 RANwlf STWE (LONDW FIELD)
STAWPED CONCRETE WITH
EXPOSED AGGREGATE FINISH
59 NOT USED
60 SOIL AMENDMENT L FERTILIZER
61 90-DAY LANDSCAPE MAINTENANCE
62 NOT USED
63 PRE-EMERGENCE HERBICIDE
64 WEED CONTACT SPRAY
TOTAL ALGA ROAD MEDIAN LANDSCAPING
UNIT
LF
SF
SF
LF
EA
LS
LS
LS
LS
CY
CY
CY
SF
LS
EA
EA
----
LS
EA
EA
EA
EA
EA
SF
SF
SF
No
SF
SF
WANT I TY
---*----
3,548
17,015
780
210
2
1
1
1
1
200
600
400
113,000
1
3
17
1
58
161
18775
7,215
2,505
1,400
53 , 340
46,350
3
46,350
46,350
UNIT PRICE
9.00
2.10
2.10
30.00
300.00
14,000.00
8,OOo.00
2,000.00
1,000.00
3.00
2.00
3.00
0.01
1,200.00
250.00
50.00
----------.
172,900.00
775.00
775.00
15.00
15.00
15.00
0.35
4.85
0.31
2,800.00
0.02
0.02
TOTAL COST
31,932
35 , 732
11-
6,300
600
14,000
2,000
1,OOo 600
1,200
1,200
1,130
1,200
750
850
------I-----
8,000
.-----------
sa, 032
5172,900
44,950
124,775
26,625
108,225
37,575
490
258,699
14,369
8,400
927
927
5798,862
.-----------
PART 11-6.2
ENGINEER'S REPORT
EXHIBIT "B" TO PART 11
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
WBLIC WRKS OF CONSTRUCTIW COST ESTIMATE
65
66
67
68
69
70
71
72
73
74
TOTAL
PERMANENT IRRIGATIW, INCLUDES
UATER METER L INSTALLATIW
36-INCH 8OX MAGNOLIA
GRAOIFLORA "MAJESTIC BEAUTYU
1-GAL RHAPIOLEPIS INDICA
8SPRINGTIHE*
1-GAL RHAPIOLEPIS INOICA
WLARP
FLAGSTWE STAMPED CWCRETE
UITH ADOBE TAN COLOR
NOT USED
SOIL MNDMENT L FERTILIZER
90-DAY LANDSCAPE MAINTENANCE
PRE-EMERGENCE HERBICIDE
UEED CONTACT SPRAY
POINSETTIA LANE MEDIAN LAWSCAPING
LS
EA
EA
EA
SF
SF no
SF
SF
24,700.00 S24.700
775.00 17,050
15.00 12,375
15.00 12,375
4.30 113,004
0.31 28046 575.00 1,725
0.02 132
0.02 132
S103.539
------------
PART 11-8.3
ENGINEER'S REPORT
EXHIBIT "6" TO PART I1
CITY OF WLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
SUMMARY
ALGA ROAD:
IMPROVEMENTS
MEDIAN LANDSCAPING
SUBTOTAL
COW1 INGENCY (15%)
TOTAL ALGA ROAD IMPROVEMENTS AND MEDIAN LANDSCAPING
POINSETTIA LANE:
IMPROVEMENTS
MEDIAN LANDSCAPING
SUBTOTAL
CWTINGENCY (15%)
TOTAL POINSETTIA LANE IMPROVEMENTS AND MEDIAN LANDSCAPING
TOTAL PUBLIC UORKS OF CWSTRUCTIW
ENGINEER'S REPORT EXHIBIT "C" TO PART I1
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
FUTURE TRAFFIC SIGNALS
LOCATION ...............................
INTERSECTION OF ALGA ROAD AND:
POINSETTIA LANE
(1/2 OF TOTAL COST)
NIGHTSHADE ROAD
ELANUS DRIVE
CATTAIL LANE
BLACK RAIL ROAD
BLUE HERON WAY
FINCH LANE
BATIQUITOS DRIVE
SUBTOTAL
CONTINGENCY
TOTAL FUTURE TRAFFIC SIGNALS
$100,000
50,000
100,000
100,000
100, ooo
100,000
50,000
100,000 -.---------
$700, 000
75,000
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DESCRIPTION
ENGINEER'S REPORT EXHIBIT "F" TO PART I1
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
INCIDENTAL EXPENSES
POINSETTIA ALGA ROAD LANE TOTAL
DESIGN ENGINEERING ASSESSMENT ENGINEERING R-O-W ACQ CLOSING COSTS SOILS ENGINEERING CONSTRUCTION STAKING PERMIT, PLAN CHECK AND INSPECTION FEES PLAN PRINTING BOND REGISTRY, PAYING AGENT AND TRUSTEE BOND COUNSEL FINANCIAL CONSULTANT COST OF ISSUANCE CITY ADMINISTRATION FEE BOND PRINTING PUBLICATION COSTS
SUBTOTAL
CONTINGENCY (15%)
TOTAL INCIDENTAL EXPENSES
$87,259
41,184
0 42,900 87,259
169,053
30,030
8,580 85,800 8,580
42 I 900 85 I 800
2,574 2,574
$694,493
-----------
104,174
$14 I 442 6,816 28 I 361 7,100 14,441
27,979 4,970
1,420 14,200 1,420 7,100 14,200 426 426
$143 I 301
21,495
----------
---------- ----------
$164,796
$101,701 48,000 28,361
50,000
101,700
197,032
35,000
10,000 100,000 10,000
100,000 50,000
3,000 3,000 -----------
$a37 I 794
125,669
II-F. 1
ENGINEER'S REPORT PART I11
c
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
ASSESSMENT ROLL
WHEREAS, on June 5, 1990, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, did, pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets
and Highways Code of the State of California, and as amended, adopt its
Resolution of Intention No. , for the acquisition and construction of certain public improvements, together with appurtenances and appur-
tenant work in connection therewith, in a special assessment district
known and designated as:
ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
(hereinafter referred to as the "Assessment District") ; and,
WHEREAS, said Resolution of Intention, as required by law, did direct
the appointed Engineer of Work to make and file a "Report", consisting of the following:
a. Plans;
b . Specifications ;
c. Cost estimate;
d. Assessment Diagram showing the Assessment District and the subdivi- sions of land contained therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District.
f. A proposed maximum annual assessment for administration and collection of assessments.
For particulars, reference is made to the Resolution of Intention as previously adopted.
NOW, THEREFORE, I, GALEN N . PETERSON, authorized representative of NBS/LOWRY INCORPORATED, the duly appointed ENGINEER OF
WORK, pursuant to the "Municipal Improvement Act of 1913", do hereby
submit the following :
1. I, pursuant to the provisions of law and the Resolution of Inten- tion, have assessed the costs and expenses of the works of improve- ment to be performed in the Assessment District upon the parcels of
land in the Assessment District benefited thereby in direct propor-
PART I11 - 1
I
I
tion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said par-
cels, reference is made to the Assessment Diagram, a copy of which is attached hereto.
2. As required by law, a Diagram is hereto attached as Part IV of this
Report, showing the Assessment District, as well as the boundaries
and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land
or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll.
3. The subdivisions and parcels of land with the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll
as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, and the last installment of said bonds shall mature a maximum of NINETEEN (19) YEARS from the 2nd day of September next succeeding twelve (12) months from their date.
Said bonds shall bear interest at a rate not to exceed the current
legal maximum rate of 12% per annum.
5. By virtue of the authority contained in said ?'Municipal Improvement Act of 1913", and by further direction and order of the legislative body, I hereby make the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below:
AS PRELIMINARILY AS APPROVED CONFIRMED
Estimated Cost of Improvements : $12,058,461 $
Estimated Incidentals, Right of Way, Payments, and Financing Cosfs : $10,948,300 $
Estimated Total Project Costs: $23,006,761 $
Interest Earned During Construction : $ 109,252 $
Estimated Cash Contributions : $ 0 $
Balance to Assessment: $22,897,509 $
PART I11 - 2
For particulars as to the individual assessments and their descrip- tions, reference is made to the Exhibit "A11 Part 111, attached hereto.
6. The Method of Spread of Assessment is as set forth in Exhibit rlB1l
to Part 111, which is attached hereto, referenced and so incorp- orated.
DATED: May 25, 1990
NBSlLOWRY INCORPORATED
c CITY OF CARLShD
STATE OF CALIFORNIA
PART I11 - 3
--
I
c
I, ALETHA L. RAUTENKRANZ, as CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together
with the Diagram attached thereto, was filed in my office on the
day of , 1990.
CITY CLERK
CITY OF CARLSBAD
I, ALETHA L. RAUTENKRANZ, as CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together
with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of 9
1990.
CITY CLERK
CITY OF CARLSBAD
I, LLOYD HUBBS, as CITY ENGINEER of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together
with the Diagram attached thereto, was recorded in my office on the
day of , 1990.
CITY ENGINEER CITY OF CARLSBAD
-
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ENGINEER'S REPORT EXHIBIT "B" TO PART 111
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
-.
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the llMunicipal Improvement Act of 1913," must be based on the benefit that the properties receive from the works
of improvement. The statute does not specify the method or formula that
should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is retained for
the purpose of making an analysis of the facts and determining the
correct apportionment of the assessment obligation. For these proceed-
ings, the City has retained the services of NBS/Lowry Incorporated. See Attachment I for a statement of their qualifications and experience.
The Assessment Engineer then makes his recommendation at the public
hearing on the Assessment District, and the final authority and decision
rests with the City after hearing all testimony and evidence presented at
that public hearing. Upon the conclusion of the public hearing, the City must make the final decision in determining whether or not the assess- ment spread has been made in direct proportion to the benefits received.
Analysis
City of Carlsbad policy Statement No. 33, effective May 29, 1984 sets the policy for use of Assessment Districts to finance Public Improvements.
The improvements include arterial streets identified on the circulation
element of the Carlsbad General Plan. It further permits certain improve- ments within the arterial street right-of-ways to be financed and to include, sewers, water lines, drainage and public utilities.
The arterial streets to be constructed and financed by this assessment
district are a portion of Alga Road and Poinsettia Lane. These streets
permit only limited access to adjoining property and, in general, point
access is limited at intervals of 600 feet and 1200 feet respectively.
Benefits and Assessment Criteria
Poinsettia Lane and Alga Road will be improved to provide four lanes of travel over portions of the Circulation System of the City of Carlsbad. Poinsettia Lane exists from Carlsbad Boulevard easterly to Interstate 5, and continues easterly to a dead-end approximately 500 feet easterly of Snapdragon Drive. Alga Road exists from Melrose Avenue westerly to El Camino Real and continues westerly to a dead-end approximately 900 feet westerly of Mimosa Drive.
Part I11 - Exhibit B - 1
This. Assessment District proposes to link these two dead-ends, providing an additional route between Interstate 5 and El Camino Real. This link would directly benefit the properties adjacent to Alga Road and Poinsettia Lane by providing access to their lands.
Each parcel within the district boundary was assigned the number of equivalent dwelling units that could be developed on the parcel based on either approved final maps, tentative maps, specific plan, local facilities
management plan, or general land use plan maps. The number of units for properties within Local Facilities Management Plan Zone 20, were
determined by multiplying the density control point for each land use by
the net usable residential acreage. Average daily trips were determined at the rate of ten trips per day for single family detached homes and eight trips per day for single family attached homes.
An assessment per gross area was determined for each parcel based on trip yield. Each parcel was given an assessment number as shown in Exhibit "At1 to Part 111.
The commercial areas were assigned average daily trips based on the rates published in the Engineer's Report for the City of Carlsbad, Bridge and Thoroughfare Benefit District No. 1. Commercial trips were reduced sixty per cent, identical to the reduction in the Bridge and Thoroughfare District. This reduction was done to eliminate double counting, as it was assumed that sixty per cent of the commercial traffic
would come from within the district and would have all ready been counted.
All property owners within the district receive a direct benefit by the acquisition and construction of street and utility improvements within the
Poinsettia Lane right-of-way. However, only properties within the
Aviara subdivision receive benefit by the acquisition and construction of
street and utility improvements within the Alga Road right-of-way and
that portion of the Poinsettia Lane right-of-way within the Aviara sub-
division boundary. Properties adjacent to Poinsetta Lane and Alga Road
would be required to improve these roadways as a condition of subdivi-
sion development and therefore receive a direct benefit. The benefits to
the properties have been spread based on each properties proportion of
the total average daily trips and the proportional cost of the improve-
ments , incidentals, right-of-way and financing costs.
A portion of the improvements to Alga Road and Poinsettia Lane have
been constructed and are to be acquired by this assessment district.
Rose Drive has been realigned to connect to Poinsettia Lane.
The improvements to be acquired are in existence and have been installed in place on or before the date of adoption of the Resolution of Intention for this Assessment District. A review has been made of the items of work, improvements, appliances or facilities and determined that they are eligible and have listed them on Exhibit "Aff to Part 11. Inci- dentals to be acquired have been reviewed in a like manner and have been listed on Exhibit llDIT to Part 11. Overtime work was counted as
straight time for the purposes of this report.
Part I11 - Exhibit B - 2
The unfinished improvements to Alga Road and Poinsettia Lane are to be constructed as a city public works project. The cost of the improvements to be constructed have been estimated by the engineer of
work and are listed on Exhibit trB't to Part 11. Incidential expenses
necessary to construct the work remaining are listed on Exhibit "Ef1 to Part 11.
Costs have been prorated to Alga Road and'the portion of Poinsettia Lane within the Aviara subdivision boundary, hereafter called "Alga Road", and to the portion of Poinsettia Lane outside of the Aviara sub- division boundary, hereafter called "Poinsettia Lane". Where the works of improvement have been identified as work performed only in Alga Road
or in Poinsettia Lane, all of the cost has been allocated to the appro- priate roadway. If the item of work was performed over the entire length of the project, then the cost of the work was prorated to each roadway on the basis of length. Alga Road being eighty-five and eight-tenths percent (85.8%) and Poinsettia Lane fourteen and two-tenths
percent (14.2%) of the total project length.
Some items of the work acquired went beyond the boundaries of the Alga
Road and Poinsettia Lane rights-of-way. In these cases the costs have been prorated in order to only include costs within the right-of-way and
have been based on the following ratios:
91%
86%
8 2%
67%
40%
9%
5%
The ratio of the area of Alga Road right-of-way in Aviara Phase One plus the area of Alga Road and Poinsettia Lane off-site of Phase One to the total Alga Road and Poinsettia Lane right-of-way and slope areas.
The ratio of the area o€ Alga Road right-of-way in Aviara Phase One to the right-of-way and slope area of Alga Road in Phase One.
The ratio of the length of reclaimed'water line in Alga Road to the total length of reclaimed waterline in Phase I of the re- claimed water system master plan.
The ratio of the volume of earthwork in the Alga Road and Poinsettia Lane roadway prism, excluding the slope grading for Aviara Phase One, to the total earthwork volume for Alga Road and Poinsettia Lane.
The ratio of the length pf reclaimed waterline in Alga Road to the total length of reclaimed water system.
The ratio of the area of Alga Road and Poinsettia Lane to the
total area of Aviara Phase One.
The ratio of the area of Alga Road and Poinsettia Lane to the
total area of the Aviara subdivision.
The detailed analysis of how the acquisition work and public works of construction were prorated are shown on attached Exhibits "A" and rtBr'
to Part 11. The acquired and public works of construction incidental
expenses have been prorated in a similar manner and are shown on
attached Exhibits and "Ef1 to Part 11.
Part I11 - Exhibit B - 3
~ ~~
--
I
The costs of land and right-of-way for Poinsettia Lane have been asses- sed using either the values settled between the owner and City of Carlsbad following the condemnation proceedings or the appraised value plus contigencies. The property owners have been or will be compensated for right-of-way and slope easements. No cost for right- of-way and slope easement for Alga Road has been included since dedication was a requirement for development. The costs for right-of-way are listed on Exhibit rtC1t to Part 11.
Financing costs were prorated to each of the benefits in accordance with each benefit's share of the total construction, land acquisition and inci-
dental costs.
Some parcels under common ownership have been assigned a single
assessment number. Future division of these parcels and sale to
different owners will require segregation of the assessment. It will be
the intent in the segregation process to allocate the assessment to all land based on the benefited area, eventhough the original assessment was spread on the basis of trip generation. The benefit accrues to all the land and the segregation may be made on a parcel or area basis as
long as the assessment for various future land use categories is consistent with the assessments for similar land use categories in the existing approved final map areas.
When a condominium map or final map is recorded and the area subdivides, the assessment would then be segregated by the assessment engineer. If the total number of units were less than that planned, then
the developer would be required to make up the difference as a contribution. If the total number of units were more than planned, then
the assessment engineer may segl'egate the assessment to the total number of lots recorded. In accordance with City policy, no assessments
may be passed through to residential property without prior agreements
being made with the City of Carlsbad.
In conclusion, it is my opinion that the assessments for the above- referenced Assessment District have been spread in direct proportion
with the benefits that each parcel receives from the works of improve- ment.
DATED: MAY 25, 1990
NBS/LOBRY INCORPORATED
/ CITY OF CARLSBAD
STATE OF CALIFORNIA
Part I11 - Exhibit B - 4
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ENGINEER'S REPORT
PART IV
CITY OF CARLSBAD
(ALGA ROAD)
ASSESSMENT DISTRICT NO. 88-1
ASSESSMENT DIAGRAM
A full-size copy of the Proposed Boundary of Assessment District No.
88-1, is attached hereto and is a part of the Engineer's "Report".
PART IV - 1
I
__.
ENGINEER'SREPORT PART V
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
DESCRIPTION OF WORKS OF IMPROVEMENT AND RIGHTS-OF-WAY TO BE ACQUIRED
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
Poinsettia Lane is a major arterial having a 102 foot right-of-way with two travel lanes in each direction and a raised median. The proposed
improvements to Poinsettia Lane will bring it to full City standards,
which include :
1) full width improvements constructed to adopted line and grade with
water, drainage, fire hydrants, street lights, provisions for traffic control, and appurtenant work from 500 feet easterly of Snapdragon
Drive north easterly to Alga Road.
2) median improvements with raised concrete curbing, landscaping and
irrigation.
3) erosion control landscaping and irrigation in the parkway and on
cut and fill banks.
Alga Road is a secondary arterial being upgraded to major arterial stan-
dards of a 102 foot right-of-way with two travel lanes in each direction
and a raised median. The proposed improvements to Alga Road will
bring it to City standards, which include:
1) major arterial width improvements constructed to adopted line and grade with potable water, reclaimed water, drainage, fire hydrants,
street lights, traffic control and appurtenant work from Mimosa
Drive westerly to Poinsettia Lane.
2) median improvements with raised concrete curbing, landscaping and
irrigation.
PART V - 1
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
CITY OF CARLSBAD
The undersigned, LLOYD B. HUBBS, hereby CERTIFIES UNDER PEN-
ALTY OF PERJURY that the following is all true and correct:
At all times herein mentioned, the undersigned was, and now is, the duly appointed City Engineer and authorized representative of the CITY OF CARLSBAD, CALIFORNIA.
That there have now been instituted proceedings under the provisions of the tfMunicipal Improvement Act of 1913," being Division 12 of the Streets
and Highways Code of the State of California, for the construction of
certain public improvements in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 88-1
ALGA ROAD
(hereinafter referred to as the tfAssessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
( ) a. That all easements, right-of-way, or land necessary for the
accomplishment of the works of improvement for the above
referenced Assessment District have been obtained and are in
the possession of the City of Carlsbad.
(X) b. That all easements, rights-of-way or land necessary for the accomplishment of the works of improvement for the above
referenced Assessment District have been obtained and are in
the possession of the City of Carlsbad, EXCEPT FOR THOSE
set forth in a separate document on file with the City of
Carlsbad, State of California, and made a part hereof as if
included herein, showing the legal descriptions of rights-
of-way and easements not yet obtained at this time.
PART V - 2
. __
It is further acknowledged that works of improvement as proposed to be constructed within said Assessment District must be constructed within public rights-of-way, land, or easements as owned by said City at the
time of the construction of the works of improvement, and the under-
signed hereby further certifies that all rights-of-way necessary for the
works of improvement will be obtained and in the possession of the City prior to the commencement of any construction.
EXECUTED THIS day of , 1990.
CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA
PART V - 3
~~
ENGINEER'S REPORT
PART VI
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
A proposed maximum assessment of one percent (1%) of the annual install-
ment for each assessed parcel will be levied upon each of the several
subdivisions of land in the district including parcels representing a division of any parcel to pay costs incurred by the CITY OF CARLSBAD and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds.
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIRl3MENTS
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly qualified
and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished
the notice requirements in connection with the referenced Assessment District, as
iioted:
POST I NG
The NOTICE OF IMPROVEMENT was posted not more than three hundred (300) feet apart on
all open streets within the District described in a Resolution of Intention
previously adopted, and not less than three (3) Notices in all were posted. Said
posting was completed on the /by& day of , 1990, being at
least twenty (20) days before the date set for the public hearing.
A copy of the AGENDA for the meeting of June 5, 1990, setting forth a general
description of the proposed actions of the legislative body and the time and place
of the meeting, was posted in a location freely accessible to the general public at
least 72 hours before the time set for said meeting; eaid posting being accomplished
on the Is? day of , 1990.
PUBLICATION
(CARLSBAD JOURNAL)
The NOTICE OF IMPROVEMENT was published two (2) times in the designated legal
newspaper in accordance with Section 6066 of the Government Code of the State of
California, said publication being made once a week for two successive weeks; said
publications being accomplished on the /3/M day of , 1990, and on
the &'/ST day of , 1990.
RECORDING
A copy of the proposed BOUNDARY MAP was filed in the Office of the County Recorder
within fifteen (15) days after the adoption of the Resolution Setting Hearing; said
filing being accomplished on the T72day of , 1990.
.-, . .
-.
MAILING
The NOTICE TO PROPERTY OWNERS (NOTICE OF HEARING) under Division 12 of the Streets
and Highways Code of the State of California ("Municipal Improvement Act of 1913"),
was mailed to all persons owning real property proposed to be assessed according to
the naiiies and addresses of such owners as the same appear on the last County Assess-
ment Roll, or at his address as known to the undersigned at the address of the owner
of such property as shown on the last City roll transmitted to the County Auditor in
all instances where such roperty is proposed to be assessed; said niailing being
accomplished on the 20 day of r& , 1990, being at least twenty
(20) days prior to the date set for the public hearing.
T8
EXECUTED this ]q4' day of , 1990, at Carlsbad, California.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
.x
1: k?' G City of Carlsbad
June 15, 1990
ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
Dear Property Owner:
Enclosed herein find legally required Notice for the formation of a special assessment district for the construction of certain public improvements in your area and for which you will be assessed to pay your proportionate share of the costs and expenses of said improvements.
Please note that the legal Notice herein sets the time and place for the public hearing, to be the 10th day of July, 1990, at the hour of 6:OO olclock p.m., in the regular meeting place of the legislative body, being the Council Chambers, City Hall, Carlsbad,
CA. Also, note that the enclosed Notice sets forth the estimated
amount of your assessment, and please be advised that, at this
time, said assessment is only an estimate.
I would be most happy to meet with you to discuss the proposed assessment district and assessments at your convenience. Please call me at 438-1161, extension 4389 to set up an appointment or to ask any questions you may have.
Very truly yours,
RICHARD E. ALLEN, JR. -'
City Assessment Engineer
RHA: jkb
Enclosure: Notice to Property Owners
2075 Las Palmas Drive-Carlsbad, California 92009-4859-(619) 438-1 161
c
[MAILING]
NOTICE TO PROPERTY OWNERS
RESOLUTION OF INTENTION AND REPORT
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
did, on the 5th day of June, 1990, adopt its Resolution of Intention, receive and
file a "Report" of the Engineer, and authorize a time and place for a public hearing
to form a special assessment district known and designated as ASSESSMENT DISTRICT
NO. 88-1 (ALGA ROAD) (hereinafter referred to as the "Assessment District").
The "Report", as approved, consists of the plans, specifications, maps, descriptions
and estimate of the cost, and diagram and assessment, and for all particulars as to
these proceedings, reference is made to said "Report" as preliminarily approved, as
well as to the previously mentioned Resolution of Intention.
DESCRIPTION OF IMPROVEMENTS
The proposed works of improvement to be financed under these proceedings for this
Assessment District generally consist of major street improvements in portions Of
POINSETTIA LANE and ALGA ROAD, together with appurtenant work and acquisition of
existing improvements, to serve and benefit the properties located within the
boundaries of the Assessment District. For particulars, reference is made to the
"Report" of the Engineer as on file in the Office of the City Clerk.
BOUNDARIES OF ASSESSMENT DISTRICT
All properties that benefit from the works of improvement shall be assessed to pay a
proportionate share of the costs and expenses of the improvements, together with
acquisition expenses. A map of the Assessment District identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)" has been approved by the
legislative body, and for all particulars as to the boundaries, reference is made to
said map on file with the transcript of these proceedings.
COST OF IMPROVEMENTS
The total estimated cost of the works of improvement for the Assessment District are
set forth as follows:
Estimated Cost of Construction: $12,058,461.00
Estimated Incidental Expenses: $10,948,300.00
Estimated Total Cost: $23,006,761.00
Estimated Earned Interest: $ 109,252.00
Balance to Assessment: $22,897,590.00
PROCEEDINGS AND BONDS
Said proceedings for this Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of
the State of California). Bonds shall be issued to represent unpaid assessments in
accordance with the "Improvement Bond Act of 1915" (Division 10 of said Code).
Following the confirmation of the assessments, a period of thirty (30) days will be
allowed to make payment of asseesments in cash, and the unpaid balance will then
become payable in annual installments, with bonds issued to represent the unpaid
balance. The actual interest rate for the bonds shall be determined upon the sale
of said bonds.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 1OTH DAY OF JULY, 1990, AT THE HOUR OF 6:OO
O'CLOCK P.M. OF SAID DAY, IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND
FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVE-
MENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF
MENTS, OR ANY PORTION THEREOF: AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S
"REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, OR THE
GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT DISTRICT, OR
AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE COST AND EXPENSES THEREOF, OR
THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A
WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN.
THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID IMPROVE-
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any documents, Resolutions or Certifi-
cates, attention is directed to the person designated below:
RICHARD ALLEN, CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: (619) 438-1161
DATED : UT- 7 , 1990.
OLaXti, 4.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
THIS IS NOT A BILL. AT THIS TIME ALL FIGURES AND ASSESSMENTS ARE BASED ON ESTIMATES.
YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASSESSMENT TO BE
CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVEMENT AS SET
FORTH ON THE ATTACHMENT HERETO.
.-
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
(619) 434-2808
ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
JUNE 19, 1990
OWNER: AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP
THE ESTIMATED ASSESSMENT(S) FOR THE PARCEL(S) WHICH YOU OWN IS/- AS FOLLOWS:
ESTIMATED ASSESSMENT ASSESSOR'S ASSESSMENT NUMBER PARCEL NUMBER AMOUNT ----------- --------------- ------------
99 215-592-05 $313,099
104 2 15-612-02 0 105 2 15-612-01 1,961,802
TOTAL ESTIMATED ASSESSMENT $2,274,901 *
THIS IS NOT A BILL. AT THIS TIME ALL FIGURES AND ASSESSMENTS ARE BASED ON ESTIMATES. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASSESSMENT TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVE- MENT AS SET FORTH ON THIS ATTACHMENT.
[POSTING/PUBLICATION]
NOTICE OF IMPROVEMENT
(ONE INCH LETTERS FOR POSTING)
RESOLUTION OF INTENTION AND REPORT
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
did, on the 5th day of June, 1990, adopt its Resolution of Intention, receive and
file a "Report" of the Engineer, and authorize a time and place for a public hearing
to form a special assessment district known and designated as ASSESSMENT DISTRICT
NO. 88-1 (ALGA ROAD) (hereinafter referred to as the "Assessment District").
The "Report", as approved, consists of the plans, specifications, maps, descriptions
and estimate of the cost, and diagram and assessment, and for all particulars as to
these proceedings, reference is made to said "Report" as preliminarily approved, as
well as to the previously mentioned Resolution of Intention.
DESCRIPTION OF IMPROVEMENTS
The proposed works of improvement to be financed under these proceedings for this
Assessment District generally consist of major street improvements in portions of
POINSETTIA LANE and ALGA ROAD, together with appurtenant work and acquisition of
existing improvements , to serve and benefit the properties located within the
boundaries of the Assessment District. For particulars, reference is made to the
"Report" of the Engineer as on file in the Office of the City Clerk.
BOUNDARIES OF ASSESSMENT DISTRICT
All properties that benefit from the works of improvement shall be assessed to pay a
proportionate share of the costs and expenses of the improvements, together with
acquisition expenses. A map of the Assessment District identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)" has been approved by the
legislative body and for all particulars as to the boundaries, reference is made to
said map on file with the transcript of these proceedings.
COST OF IMPROVEMENTS
The total estimated cost of the works of improvement for the Assessment District are
set forth as follows:
Estimated Cost of Construction: $12,058,461.00
Estimated Incidental Expenses: $10,948,300.00
Estimated Total Cost: $23 , 006,761.00
Estimated Earned Interest: $ 109,252.00
Balance to Assessment: $22,897,590.00
PROCEEDINGS AND BONDS
Said proceedings for this Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of
the State of California). Bonds shall be issued to represent unpaid assessments in
accordance with the "Improvement Bond Act of 1915", (Division 10 of said Code).
Following the confirmation of the assessments, a period of thirty (30) days will be
allowed to make payment of assessments in cash, and the unpaid balance will then
become payable in annual installments, with bonds issued to represent the unpaid
balance. The actual interest rate for the bonds shall be determined upon the sale
of said bonds.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE lOTH DAY OF JULY, 1990, AT THE HOUR OF 6:OO
O'CLOCK P.M. OF SAID DAY, IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND
MENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF
MENTS, OR ANY PORTION THEREOF; AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S
"REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, OR THE
GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT DISTRICT, OR
AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE COST AND EXPENSES THEREOF, OR
THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A
WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN.
FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVE-
THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID IMPROVE-
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any documents, Resolutions or Certifi-
cates, attention is directed to the person designated below:
RICHARD ALLEN, CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: (619) 438-1161
DATED : L7 , 1990. B
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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RESOLUTION NO. 90-l 70
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, MAKING APPOINT-
MENTS IN A SPECIAL ASSESSMENT DISTRICT
I WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, is considering the formation of a special assessment
district, pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, for the construction
of certain public works of improvement, together with appurte-
nances and appurtenant work, said special assessment district to
be known and designated as ASSESSMENT DISTRICT NO. 88-l (ALGA
ROAD) (hereinafter referred to as the "Assessment District");
and,
WHEREAS, at this time, this legislative body is desirous of
making the required appointments and designating persons to
perform certain duties, in order to allow the proceedings to go
forward to completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That the CITY ENGINEER is hereby appointed to
perform all of the duties and functions of the Superintendent of
Streets as said duties are specified and designated in the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the
above-referenced Assessment District.
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2 SECTION 3. That the place for recordation of the assess-
3 II
ment roll and diagram shall be in the Office of the Superinten-
4 dent of Streets, and said assessment roll and diagram, upon
5 recordation, shall be kept as a permanent record.
6 SECTION 4. That the CARLSBAD JOURNAL is hereby designated
7 as the newspaper for all publications as required by law and as
8 necessary for completion of this Assessment District.
9 SECTION 5. That NBS/LOWRY is hereby appointed the Assess-
10 ment Engineer for said proceedings, and said Assessment Engineer
11 shall perform all of the duties and responsibilities as set
12 forth by law as they relate tb said Assessment District.
SECTION 6. That SMITH BARNEY, HARRIS UPHAM f CO., INC., is
14 hereby appointed as Underwriter for the purpose of submitting a
15 proposal for the purchase of the bonds to issue under these
16 proceedings.
17 SECTION 7. That KADIE-JENSEN, JOHNSON t BODNAR is hereby
18 appointed as Financial Consultant for the purpose of reviewing
19 the proposal of the Underwriter to purchase the bonds to issue
20 under these proceedings.
21 SECTION 8. That BROWN, ,HARPER, BURNS & HENTSCHKE (formerly
22 Brown & Diven), Attorneys at Law, is hereby appointed to act as
23 Bond Counsel for the purposes of preparing proceedings and
24 issuing an approving opinion attesting to the validity of the
25 proceedings and the enforceability of the bonds pursuant to the
26 terms and provisions of a Special Counsel Agreement previously
27 submitted and approved by this legislative body, which Special
28 Counsel Agreement is hereby amended to correctly reflect the new
firm affiliation name of Brown, Harper, Burns & Hentschke.
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2 SECTION 9. That this legislative body hereby establishes a
3 special IMPROVEMENT FUND designated by the name and number of
4 the Assessment District, and into said fund shall be placed all
5 proceeds from the sale of bonds and cash collections. In order
6 to expedite the improvements or acquisition under these proceed-
7 ings and as authorized by law, funds from any available source
8 may be transferred into said special fund. Any funds trans-
9 ferred are a loan to the fund and shall be repaid out of the
10 proceeds of the sale of bonds, including authorised incidental
11 II
expenses, as well as costs for the construction of the autho-
12 rized public improvements, all as required and authorized by
13 law, and specifically Section 10210 of the Streets and Highways
14 Code of the State of California.
15 PASSED, APPROVED AND ADOPTED by the City Council of the
16 City of Carlsbad at its regular meeting held on the 5th day
17 of June , 1990, by the following vote, to wit:
18 AYES: Council Members Lewis, Mamaux and Larson
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NOES: None
ABSENT: Council Members Kulc
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23 ATTEST:
24 ALETHA L. RAUTENKRANZ, City Cl)erk
25 (SEAL)
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RESOLUTION NO. go-171
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
A MAP SHOWING THE PROPOSED BOUNDARIES
OF A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has been presented and has received a map showing
and describing the boundaries of the area proposed to be
assessed in an assessment district under the provisions and
authority of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of
California; said assessment district known and designated as
ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD) (hereinafter referred
to as the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That a map of the Assessment District showing
the boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the
proposed improvements designated as "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD)" is hereby submitted,
and the same is hereby approved and adopted.
SECTION 3. That the original map of said proposed
boundaries of the proposed Assessment District and one copy
thereof is to be filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original
and on at least one copy of the map of the Assessment District,
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evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing
the time and place of hearing on the formation or extent of said
Assessment District, a copy of said map shall be filed with the
correct and proper endorsements thereon with the County
Recorder, all in the manner and form provided for in Section
3111 of the Streets and Highways Code of the State of
California.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 5th day
of June , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Council Members Kulchi
ATTEST:
ALETHA L.
(SEAL)
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RESOLUTION NO. go-172
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS
IN A PROPOSED ASSESSMENT DISTRICT; DECLARING
THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND PRO-
VIDING FOR THE ISSUANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES
'HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and
. It is the intention of this body, pursuant to the provisions of
Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act 1913"), to order the
construction of certain public improvements, together with appur-
tenances and appurtenant work, in a special assessment district
known and des .gnated as ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
'(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
A. The construction and installation of certain
street improvements, including grading, paving, curbs and
gutters, sewer, water, drainage, street lights and utility
installation and undergrounding, together with appurtenances and
acquisition where necessary, to serve the properties located
within the boundaries of this Assessment District.
B. Said streets, rights-of-way and easements
shall be shown upon the plans herein referred to and to be filed
with these proceedings.
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2 C. All of said work and improvements are to be
3 constructed at the places and in the particular locations, of the
4 forms, sizes, dimensions and materials, and at the lines, grades
5 and elevations as shown and delineated upon the plans, profiles
6 and specifications to be made therefor, as hereinafter provided.
7 D. The description of the improvements and the
8 termini of the work contained in this Resolution are general in
9 nature. All items of work do not necessarily extend for the full
10 length of the description thereof. The plans and profiles of the
11 work as.contained in the Engineer's "Report" shall be controlling
12 as to the correct and detailed description thereof.
13 E. Whenever any public way is herein referred
14 to as running between two public ways, or from or to any public
15 way, the intersections of the public ways referred to are
16 included to the extent that work shall be shown on the plans to
17 be done therein.
18 F. Notice is hereby given of the fact that in
19 many cases said work and improvement will bring the finished work
2. to a grade different from that formerly existing, and that to
21 said extent, said grades are hereby changed and said work will be
22 done to said changed grades.
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23 DESCRIPTION OF ASSESSMENT DISTRICT
24 SECTION 2. That said improvements and work are of direct
25 benefit to the properties and land within the Assessment
26 District, and this legislative body hereby makes the expenses of
27 said work and improvement chargeable upon a district, which said
28 Assessment District is hereby declared to be the Assessment
B. An estimate of the cost of the proposed
3 works of improvement, including the cost of the incidental
4 expenses in connection therewith;
5 C. A diagram showing the Assessment District
6 above referred to, which shall also show the boundaries and
7 dimensions of the respective subdivisions of land within said
8 Assessment District, as the same existed at the time of the
g passage of the Resolution of Intention, each of which subdivi-
10 sions shall be given a separate number upon said Diagram;
11 D. A proposed assessment of the total amount of
12 the assessable costs and expenses of the proposed improvement
13 upon the several divisions of land in proportion to the estimated
14 benefits to be received by such subdivisions, respectively, from
15 said improvement. Said assessment shall refer to such subdivi-
16 sions upon said diagram by the respective numbers thereof;
17 E. The description of the works of improvement
18 to be constructed under these proceedings, and acquisition, where
When any portion or percentage of the cost and
21 expenses of the improvements is to be paid from sources other
z2 than assessments, the amount of such portion or percentage shall
23 first be deducted from the total estimated costs and expenses of
24 said work and improvements, and said assessment shall include
25 only the remainder of the estimated costs and expenses. Said
26 assessment shall refer to said subdivisions by their respective
27 numbers as assigned pursuant to Subsection D. of this Section.
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District benefited by said work and improvements and to be
assessed to pay the costs and expenses thereof, including inciden-
tal expenses and costs and which is described as follows:
All that certain territory in the District
included within the exterior boundary lines shown on the plat
exhibiting the property affected or benefited by or to be
assessed to pay the costs and expenses of said work and improve-
ments in the Assessment District, said map titled and identified
as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 (ALGA
ROAD)", and which map was heretofore approved and which said or
diagram is on file with the transcript of these proceedings,
EXCEPTING therefrom the area shown within and delineated upon
said map or plat hereinabove referred to, the area of all public
streets, public avenues, public lanes, public roads, public
drives, public courts, public alleys, and all easements and
rights-of-way therein contained belonging to the public. For all
particulars as to the boundaries of the Assessment District,
reference is hereby made to said boundary map heretofore
previously approved, and' for a complete description of said
Assessment District, the said' plat and proposed boundary map on
file shall govern.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby
referred to the ASSESSMENT ENGINEER, who is hereby directed to
make and file the report in writing containing the following:
A. Plans and specifications of the proposed
improvements;
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BONDS
SECTION 4. Notice is hereby given that serial bonds to
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represent the unpaid assessments, and bear interest' at the rate
of not to exceed the current legal maximum rate of 12% per annum,
will be issued hereunder in the manner provided in the "Improve-
ment Bond Act of 1915", being Division 10 of the Streets and
Highways Code of the State of California, which bonds shall
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mature a maximum of and not to exceed NINETEEN (19) YEARS from
the second day of September next succeeding twelve (12) months
from their date. The provisions of Part 11.1 of said Act,
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providing an alternative procedure for the advance payment of
assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual propor-
tion of the aggregate principal of the bonds, and the amount of
principal maturing in each year, plus the amount of interest
payable in that year, will be generally an aggregate amount that
is equal each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603, the Treasurer is hereby designated as the officer to
collect and re.ceive the assessments during the cash collection
period. Said bonds further shall be serviced by the Treasurer or
designated Paying Agent.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
II SECTION 5. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and
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ordered pursuant to the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legislative
body may determine, in accordance with the provisions of law for
one or more of the following purposes:
A. Transfer to the general fund: provided that
the amount of any such transfer shall not exceed the lesser of
One Thousand Dollars ($l,OOO.OO) or five percent (5%) of the
total from the Improvement Fund;
B. As a credit upon the assessment and any
supplemental assessment; or
C. For the maintenance of the improvement.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a
special improvement fund identified and designated by the name of
this Assessment District, and into said Fund monies may be trans-
ferred at any time to expedite the making of the improvements
herein authorized, and any such advancement of funds is a loan
and shall be repaid out of the proceeds of the sale of bonds as
authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest
will not be served by allowing the property owners to take the
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contract for the construction of the improvements, and that, as
authorized by law, no notice of award of contract shall be
published.
GRADES
SECTION 9. That notice is hereby given that the grade to
which the work shall be done is to be shown on the plans and
profiles therefor, which grade may vary from the existing grades.
T h e work herein contemplated shall be done to the grades as
indicated on the plans and specifications, to which reference is
made for a description of the grade at which the work is to be
done. Any objections or protests to the proposed grade shall be
made at the public hearing to be conducted under these
proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
your attention is directed to the person designated below:
RICHARD ALLEN, CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: (619) 438-1161
PUBLIC PROPERTY
SECTION 11. All public property in the use and performance
of a public function shall be omitted from assessment in these
proceedings unless expressly provided and listed herein.
ACQUISITION
SECTION 12. That the public interest and convenience
requires that certain of the works of improvement be acquired in
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The actual cost of such work is to be added to the assessment on
the lot on which the work is done, and no work of this nature is
to be performed until the written consent of the property owner
is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 16. It is hereby declared that this legislative
body proposes to levy an annual assessment pursuant to Section
10204 of the Streets and Highways Code of the State of Califor-
nia, said annual assessment to pay costs incurred by the City and
not otherwise reimbursed which result from the administration and
collection of assessments or from the administration or registra-
tion of any associated bonds and reserve of other related funds.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 5th day
of June , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Council Members Kulc
ATTEST:
ALETHA L. RAUTENKRANZ, City blerk
(SEAL)
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order to complete the system of improvements, and any improve-
ments to be acquired shall be installed and in place prior to the
adoption of this Resolution of Intention.
NO CITY LIABILITY
SECTION 13. This legislative body hereby further declares
not to obligate itself to advance available funds from the
Treasury to cure any deficiency which may occur in the bond
redemption fund. This determination is made pursuant to the
authority of Section 8769(b) of the Streets and Highways Code of
the State of California, and said determination shall further be
set forth in the text of 'the bonds issued pursuant to the
"Improvement Bond Act of 1915".
PETITION
SECTION 14. That a petition signed by property owners
representing more than 60% in area of the property subject to
assessment for said improvement has been signed and filed with
'the legislative body r and said written petition expressly
contains a waiver of any of the proceedings and limitations as
set forth under Division 4 of the Streets and Highways Code of
the State of California, the' "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
SECTION 15. It is hereby further determined to be in the
best public interest and convenience and more economical to do
certain work on private property to eliminate any disparity in
level or size between the improvements and the private property.
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RESOLUTION NO. go-173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT"
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL,
AND SETTING A TIME AND PLACE FOR PUBLIC HEARING
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has instituted proceedings for the construction of
certain public works of improvement and appurtenances under
provisions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of
California, in a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD) (hereinafter referred
to as the "Assessment District"); and,
WHEREAS, there has been prepared and filed with the legisla-
tive body a "Report" provided for in Sections 10203 and 10204 of
the Streets and Highways Code of the State of California, and
this "Report" has been presented for consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted by the legislative body; and the "Report" as
now presented shall stand as the "Report" for the purpose of
subsequent proceedings hereunder; and
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That the "Report" of the Engineer referred to
lY hereinabove is considered adopted, passed upon, and preliminari
approved, as follows:
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A. That the plans and specifications for the
proposed improvements to be made, contained in said "Report" be,
and they are hereby preliminarily approved and adopted:
B. That the Engineer's estimate of the itemized
and total costs and expenses of said acquisition, where neces-
garyI and improvements, and of the incidental expenses in connec-
tion therewith, contained in said "Report", be, and each of them
are hereby preliminarily approved and adopted;
C. That the diagram showing the Assessment
District referred to and described in said Resolution of Inten-
tion, and also the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, as the same
existed at the time of the passage of said Resolution of Inten-
tion, each of which subdivisions have been given a separate
number upon sa;.d diagram, as contained in said "Report", be, and
it is hereby preliminarily approved and adopted;
D. That the proposed assessment upon the
several subdivisions .o f land in said Assessment District, in
proportion to the estimated benefits to be received by such subdi-
visions, .respectively, from said acquisition and improvements,
and of the incidental expenses thereof, as contained in said
"Report", be, and they are hereby preliminarily approved and
adopted;
E. That the maps and descriptions of the lands
and easements to be acquired, as contained in said 'Report" be,
and the same are hereby preliminarily approved:
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SECTION 3. That said "Report" shall stand as the Engineer's
"Report" for the purpose of all subsequent proceedings had pursu-
ant to said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 1OTH
DAY OF JULY, 1990, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE
REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL
CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT
DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE
WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE
WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER.
PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY
CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
SECTION 5. That the City Clerk is hereby directed to give
notice of said Public Hearing by causing to be conspicuously
posted on all open streets within the Assessment District, not
more than 300 feet apart on each street so posted, but not less
than 3 in all, notice of the passage of the Resolution of
Intention and of this Resolution, all in accordance with the
provisions of said Division 12.
SECTION 6. That the City Clerk is hereby directed to give
notice of said Public Hearing and of the passage of the
Resolution of Intention and this Resolution by causing such
notice to be published in accordance with Section 6066 of the
Government Code, in the newspaper previously designated as the
newspaper for all publications as required by law and as
necessary for completion of this Assessment District.
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SECTION 7. That the City Clerk is hereby directed to mail
notice of said Public Hearing and the adoption of the Resolution
of Intention and of the filing of the "Report" to all persons
owning real property proposed to be assessed, whose names and
addresses appear on the last equalized assessment roll for County
taxes prior thereto, or as known to said City Clerk, and to all
other persons as prescribed in accordance with the provisions of
said Division 12.
SECTION 8. That the City Clerk is hereby further directed
to file a copy of the proposed boundary map in the Office of the
County Recorder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and
Highways form as set forth in Division 4.5 of the Streets and
Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Counci 1 of the
City of Carlsbad at its regular meeting held on the 5th day
of June , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Council Members Kulchi
ATTEST:
(!L&z4& J! f$L~~~,c, ALETHA L. RAUTENKRANZ, City Cl'erk
(SEAL)
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RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AWARDING
THE CONTRACT FOR THE CONSTRUCTION OF
CERTAIN PUBLIC WORKS OF IMPROVEMENT IN
A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, did publicly open, examine and declare all sealed
proposals or bids for doing the work and improvements described
in its Resolution of Intention, which Resolution and a "Report"
subsequently approved, are hereby expressly referred to for a
description of said work and improvements and for all particu-
lars relative to the proceedings for the works of improvement,
in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD) (hereinafter referred
to as the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That this legislative body hereby rejects all
of said proposals or bids except that herein mentioned, and does
hereby award the construction contract for doing said work and
making improvements in the Assessment District to the lowest
responsible bidder, to-wit:
The Daley Corporation
at the prices named in the bid of said bidder on file with the
transcript of these proceedings and open for public inspect ion.
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SECTION 3. That the works of improvement shall be
constructed in the manner and form as set forth in the plans and
specifications for these proceedings, as previously approved as
a part of the "Report", as required by law and specifically the
'*Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
SECTION 4. That the Mayor and City Clerk are hereby
authorized to execute the Agreement for the works of improvement
relating to said Assessment District, and a copy of said Agree-
ment shall be on file with the transcript of these proceedings.
SECTION 5. That all monies to pay for the costs and
expenses of the above referenced Assessment District shall be
paid from the funds as deposited in the Improvement Fund, includ-
ing any interest earned thereon.
SECTION 6. That the property owner has at this time posted
security to guarantee the payment to the contractor for all
completed portions of the work. Any surplus security remaining
after the sale and deiivery of bonds shall be returned to the
property owner: however, said security shall be used to timely
make progress payments to the contractor for completed portions
of the work prior to any sale of bonds.
SECTION 7. That the contractor shall not commence
construction on the works of improvement or order equipment
until he has received a written Notice to Proceed from the City.
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PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 5th day
of June , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Council Members Kulc
ATTEST:
ALETHA L.
(SEAL)
June 8, 1990
Brown, Harper, Burns & Hentschke
12770 High Bluff Drive, Suite 240
San Diego, CA 92130
Attn: F. MacKenzie Brown
Re: Alga Road Assessment District - AD No. 88-1
The Carlsbad City Council, at its meeting of June 5, 1990, made appoint-
ments, adopted the map showing the proposed boundaries of the district,
declared intention to order construction of improvements and providing
for the issuance of bonds, approved the preliminary engineers report,
set the time and place of the public hearing, and awarded the contract
for improvements to the Daley Corporation.
Enclosed for your records are copies of Resolution Nos. 90-170, 90-171,
90-172, 90-173 and 90-174 which were adopted by the City Council.
64.. * LEE RAUTENKRANZ
City Clerk
, LR:kk
Encs.
1200 Carlsbad Village Drive l Carlsbad, California 92008 - (619) 434-2808
.
. .
,r I,^ ,NGINEERS & PLAtiNERS
10920 VIA FRONTERA l PO BOX 20100 l SAN OIEGO. CZ, 32126
16 191 4aS.l 500 FAX 1619, 467.2066
LETTER OF TRANSMITTAL
Date:
Job No.: &&0!5,o~7
Subject AQ S&J-f
&G& ‘*@a
We ‘are rransmming rhe followmg
v . 0. of Copies Description ciw pbem?o &of &seo 8owWY h!!hp
THESE ARE TRANSMIlTED AS CHECKED BELOW:
0 For Approval 0 Approved as Submitted
EC For Your Ux 0 Approved as Noted
IB- As Requested 0 Returned for Corrections
0 Rtsubmlt Copies for Approval
a Submit Copies for Oismbution
cl . Return Corrected Pnncs
cl For Review and Comment
a For Bids Due
If enclosurrr are not as no& kindly notify us at omx.